林永恒 v. 丁明幗
- Citation
- [2023] HKDC 1092
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- District Court
- Decision
- 9 August 2023
- Posture
- Default Judgment Summons in Civil Action / Decision After Referral to High Court; Action Dismissed
- Case number
- DCCJ842/2022
- Language
- English
More details
- Court
- District Court
- Decision
- 9 August 2023
- Posture
- Default Judgment Summons in Civil Action / Decision After Referral to High Court; Action Dismissed
- Case number
- DCCJ842/2022
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The action was referred to the High Court under existing restricted proceedings orders and, having been decided by the High Court to be dismissed, the District Court dismissed the action with no order as to costs.
Court disposition
Action dismissed
Orders
- Action dismissed with no order as to costs
02
Material facts
Parties
林永恒
Plaintiff丁明幗
Defendant03
Procedural history
Posture
Default Judgment Summons in Civil Action / Decision After Referral to High Court; Action Dismissed
04
Questions and positions
Legal issues
- 01
Whether the plaintiff's summons for default judgment should be granted
- 02
Whether the action should be permitted to continue in light of existing restricted proceedings orders and referral to the High Court
Party arguments
- Applicant
- Plaintiff applied for default judgment against the defendant.
- Respondent
- Defendant opposed or matter was subject to restricted proceedings orders requiring referral to the High Court; High Court then decided the action should be dismissed.
05
Court’s reasoning
Legal principles
- 01
High Court restricted proceedings orders HCA 889/2019 and HCA 1874/2019
A court must give effect to restricted proceedings orders and may refer matters to a higher court for determination when such orders require it.
- 02
Decision of Deputy District Judge and notice of the High Court decision dated 14 July 2023
Where a higher court decides an action should be dismissed following referral, the lower court implements that decision.
06
Ratio, limits and disposition
Ratio decidendi
The action was referred to the High Court under existing restricted proceedings orders and, having been decided by the High Court to be dismissed, the District Court dismissed the action with no order as to costs.
Court disposition
Action dismissed
- Action dismissed with no order as to costs
Source and reliance status
District Court · 9 August 2023
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
District Court
Judgment· 9 August 2023
DCCJ 842/2022 [2023] HKDC 1092
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL ACTION NO. 842 OF 2022 --------------------
BETWEEN 林永恒 Plaintiff and 丁明幗 Defendant -------------------- Before: His Honour Judge Ko in Chambers Date of Decision: 9 August 2023 --------------------
DECISION -------------------- On 23 June 2023, Deputy District Judge George Lam handed down his reasons for dismissing the plaintiff’s summons for default judgment (“the Decision”). Pursuant to two restricted proceedings orders granted by the High Court in HCA 889/2019 and HCA 1874/2019 respectively, the Deputy Judge directed the Registrar of the District Court to refer this action to the High Court for a decision as to whether it should be permitted to continue or should be dismissed: see para 56 of the Decision. On 14 July 2023, Deputy High Court Judge H Au-Yeung (as the judge designated by the Chief Judge of the High Court to deal with the matter) decided that this action should be dismissed. A copy of the notice of the High Court informing the parties of that decision is annexed hereto as Annex A. This action is therefore dismissed with no order as to costs. ( Justin Ko ) Chief District Judge Annex A
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.